If you’ve been hurt by a dangerous or defective product in Madison, WI, you may have legal options for securing compensation. Don’t wait to get help.
At Eisenberg Law Offices, S.C., our legal team understands how frustrating and painful it is to suffer injuries caused by a product you trusted. Whether it’s a defective appliance, an unsafe drug, or faulty machinery, we’re ready to hold manufacturers and corporations accountable. We’ll aim to recover the maximum compensation for your claim.
Contact our Madison product liability lawyers today to get started. We offer a free initial consultation to review your case and provide you with some preliminary legal advice on your next steps. Call (608) 256-8356 today.
How Eisenberg Law Offices, S.C. Can Help With Your Product Liability Claim in Madison, Wisconsin
Product liability cases are not like ordinary personal injury claims. These lawsuits often involve large companies, complex regulations, and aggressive insurance defense teams. Having an experienced attorney on your side can make all the difference.
At Eisenberg Law Offices, S.C., our Madison product liability lawyers have more than 140 years of combined experience helping clients like you recover damages. We’ve secured over $100 million for injured victims across Wisconsin.
When you hire our Madison personal injury lawyers, we can:
- Investigate the cause of the defect that injured you
- Collect and preserve crucial evidence
- Identify all of the liable parties—including manufacturers, distributors, and retailers
- Consult expert witnesses when needed
- Estimate the full value of your damages
- Negotiate with insurers or take your case to court if necessary
With Eisenberg Law Offices, you don’t just get a lawyer—you get a team committed to your recovery. Contact our law offices today to schedule a free consultation with a Madison product liability attorney.
What Is Product Liability?
Product liaxbility is the legal responsibility placed on companies that design, manufacture, sell, or distribute consumer products. If someone is hurt by a defective product, those involved in the product’s chain of distribution may be held financially responsible.
You don’t have to prove that the company intended to hurt you. Instead, Wisconsin law allows victims to seek compensation when the product is unreasonably dangerous or lacks proper warnings.
These laws are designed to keep companies honest—and to protect people like you.
Common Types of Product Defects
Not every product malfunction leads to a valid lawsuit. But if a defect made the product dangerous, and that danger led to your injury, you may have a strong case.
The main categories of product defects are:
Design Defects
These are flaws in how the product was planned or designed. Even if it was made perfectly, the design itself is inherently unsafe. An example of a design defect might be a high chair that tips over easily, even when used correctly.
Manufacturing Defects
These happen during the production process. A single product—or batch—may come off the assembly line with a dangerous flaw. For example, a batch of pressure cookers that explode due to faulty seals would likely qualify.
Marketing Defects (Failure to Warn)
These cases involve missing or inadequate instructions, labels, or warnings that could have prevented injury. For instance, a chemical cleaner that doesn’t warn users to wear gloves or masks may constitute a marketing defect.
If your injuries were caused by one of these types of defects, you could have grounds to file a claim.
Common Items Involved in Product Liability Cases
Any product can potentially cause harm if defective. However, some items appear more often in these cases than others.
Some of the most common include:
- Prescription and over-the-counter medications
- Medical devices (e.g., implants, pacemakers)
- Children’s toys and baby products
- Home appliances
- Cars, motorcycles, and auto parts
- Tools and construction equipment
- Food and beverages
- E-cigarettes or vaping products
We can help with Wisconsin product liability cases involving all of these and more. If you’re unsure whether you have a claim, we can help you find out during a free consultation.
What Damages Can I Recover in a Wisconsin Product Liability Lawsuit?
If you were hurt by a defective product in Madison, you may be eligible to receive several types of compensation. In Wisconsin, victims can pursue both economic and non-economic damages.
Economic damages are meant to cover measurable financial losses, such as:
- Medical bills (past, current, and future)
- Lost income if you miss work
- Reduced earning capacity
- Rehabilitation and therapy expenses
Non-economic damages cover the personal, harder-to-quantify effects of your injury, including:
- Physical pain
- Mental and emotional suffering
- Loss of enjoyment of life
- Disfigurement or disability
In rare cases where the manufacturer acted with reckless disregard, punitive damages may also be awarded to punish and deter egregious behavior.
How Much Is My Madison Product Liability Case Worth?
There’s no one-size-fits-all answer, and the value of your product liability claim will depend on factors like:
- The severity and permanence of your injuries
- Whether you will need ongoing medical care
- The amount of lost income and how your job was affected
- Emotional harm, pain, and mental distress
- How clearly the defect and negligence can be proven
Our legal team will carefully calculate all of your losses and pursue full and fair compensation on your behalf.
What if I’m Being Blamed for My Product Liability Injuries in Wisconsin?
In Wisconsin, shared fault doesn’t automatically bar you from recovering damages. The state follows a modified comparative negligence rule with a 51% bar.
This means you can still receive compensation as long as you are less than 51% at fault for the accident. However, your compensation will be reduced in proportion to your share of blame.
For instance, if you’re found to be 10% at fault and awarded $100,000, your final recovery would be $90,000.
Insurance companies often try to shift blame onto victims. We won’t let them get away with that. We’ll fight to protect your rights and ensure that fault is fairly assigned.
Do I Have to Go to Court for My Product Liability Case in Madison?
Most product liability cases are resolved without a trial. In fact, many settle after thorough investigation, negotiation, and pressure from a skilled attorney.
That said, some cases do go to trial—especially if the manufacturer refuses to take responsibility or offer a reasonable settlement.
We prepare every case like it’s going to court. If the other side won’t treat you fairly, we’ll be ready to take your case before a jury and fight for everything you’re owed.
How Much Does It Cost To Hire a Product Liability Lawyer in Madison, WI?
At Eisenberg Law Offices, we work on a contingency fee basis, which means our fee is a percentage of the compensation we win for you. You don’t have to pay us anything upfront to hire us, and there aren’t any hourly rates or flat fees, either.
If we win or settle your case, we will receive an agreed-upon percentage as payment for our work. This percentage will be 33% in most cases, but it can vary depending on the facts and circumstances of the situation.
If we don’t win or settle your case, you owe us nothing in attorney’s fees. This setup allows anyone—regardless of income—to afford top-tier legal representation. It also means we’re highly motivated to get the best possible result for you.
How Long Do I Have To File a Product Liability Claim in Wisconsin?
In most product liability cases, you have three years from the date of injury to file a lawsuit in Wisconsin. This is known as the statute of limitations. However, there are exceptions. For example, if you were a minor at the time of injury or only recently discovered the cause of your injury, the deadline may be extended.
Wisconsin also has a 15-year statute of repose that applies to most product liability cases. That means that once 15 years have passed from the date the product was manufactured (25 years in some situations), it will generally be too late to file a claim.
Missing the appropriate deadline for your case can cost you the right to recover anything. Don’t wait—call our lawyers today to preserve your legal options.
If a defective product injured you or someone you love, don’t wait to explore your legal options. You may be entitled to significant compensation, and we’re here to help you get it.
At Eisenberg Law Offices, S.C., we’ve built our reputation on standing up for injury victims across Wisconsin. With over 140 years of combined experience and more than $100 million recovered, we’re ready to take your fight personally.
Let us help you get justice and move forward. Contact our Madison product liability attorneys today for a free, no-pressure consultation.